Trump Administration Pursues Comey Over Alleged Decade-Old Leak

The latest accusation centers on an October 2016 New York Times story, detailing a secret court order that compelled Yahoo to scan emails. Comey's lawyers assert the case stems from an alleged disclosure of classified information to the New York Times in October 2016, during his tenure as head of the FBI.

The story cited two government officials who spoke anonymously about the order from a judge on the Foreign Intelligence Surveillance Court, which Yahoo was barred from publicly disclosing. John Durham wrote a classified memo in December 2018, recommending no criminal charges against anyone in connection with the disclosure.

In January 2019, the U.S. Attorney’s office for the District of Columbia opened a second investigation, code-named “Tropical Vortex.” That inquiry closed without charges in February 2020. The new charges were brought under seal earlier this month.

The case was filed through a criminal maneuver known as an “information,” meaning a grand jury did not approve it. A criminal information typically accompanies a plea deal, filed with a defendant’s consent.

This effort to prosecute Comey forms part of a series of politically charged investigative actions the department has undertaken in the run-up to next week's midterm elections. The Justice Department previously filed charges against Comey in federal court in North Carolina for posting a picture of seashells.

In April 2026, Comey surrendered to authorities to face charges alleging an image he briefly shared on social media posed a threat to Trump's life. Patrick Fitzgerald claims the court filing "purports to charge Mr Comey with crimes that he did not commit."

Comey denies any wrongdoing, stating he did not know what the numbers meant. He accuses the prosecution of political motivation.